Global Law Experts top search results to help tackle law in Japan

Divorce in Japan can occur in four ways: mutual consent (most common, by signing and filing at city hall), family court mediation, family court judgment, or district court litigation. Grounds include infidelity, abandonment, violence, or irreconcilable breakdown. Custody of children is granted to one parent, and financial support, property division, and pensions are settled by law.

In Japan, child custody (shinken) is granted to only one parent after divorce, unlike joint custody in many countries. The court decides based on the child’s best interests, considering stability, caregiving history, and financial ability. The custodial parent has sole authority over education, residence, and healthcare, while the other parent may be granted visitation rights.

To get a work visa in Japan, you need a job offer from a sponsoring employer. The employer applies for a Certificate of Eligibility (COE) from immigration. Once issued, you apply for the visa at a Japanese embassy/consulate with the COE, passport, and forms. After arrival, you receive a residence card. Visa type depends on job category, like Engineer, Instructor, or Skilled Labor.

Japanese employment contracts often emphasize long-term job security, loyalty, and company culture, with lifetime employment and seniority-based pay still influential. Western contracts are typically more flexible, performance-based, and clearly define termination terms. In Japan, contracts may be less detailed, relying on unwritten expectations, while Western ones stress individual rights and obligations.

Civil lawsuits in Japan start with filing a complaint at the district court. The defendant submits an answer, followed by written exchanges and hearings. Judges actively guide proceedings, encouraging settlement. If unresolved, the court issues a judgment. Appeals are allowed. Cases rely more on documents than oral testimony, and litigation is generally slower and less adversarial than in Western systems.

Japan’s Act on the Protection of Personal Information (APPI) regulates data privacy. It requires businesses to obtain consent for collecting, using, or transferring personal data, ensure security, and disclose purposes of use. Individuals have rights to access, correct, or delete their data. Cross-border transfers need adequate safeguards. Non-compliance may result in fines or orders.

A foreigner can obtain a patent or trademark in Japan by filing through the Japan Patent Office (JPO). Non-residents must use a registered Japanese patent/trademark attorney (benrishi). Patents require novelty and inventive step; trademarks must be distinctive. Applications are examined, published, and, if approved, registered. Rights last 20 years for patents and 10 years (renewable) for trademarks.

A GK (Godo Kaisha) is a limited liability company, flexible, cheaper to set up, and often used by small businesses or foreign subsidiaries. A KK (Kabushiki Kaisha) is a joint-stock company, more formal, requiring stricter governance and disclosure, but it has higher credibility and is preferred for larger businesses, investors, and public listings in Japan.

In Japan, after divorce, only one parent is granted custody (shinken). The court decides based on the child’s best interests, considering stability, caregiving history, and welfare. The custodial parent has sole authority over residence, education, and healthcare, while the non-custodial parent may receive visitation rights. Joint custody after divorce is not permitted.

If arrested in Japan, a foreigner should remain silent, request a lawyer immediately, and contact their embassy or consulate. Police can detain suspects for up to 23 days. Lawyers can assist with interrogations, bail applications, and court proceedings. Cooperation is important, but giving statements without legal advice can be risky under Japan’s strict criminal procedures.